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1. The defendant shall be punished by imprisonment for a period of one year and four months;
2. The defendant shall pay 480,000 won to the applicant for compensation by deceit.
3.
Reasons
Punishment of the crime
[Criminal Power] On April 24, 2015, the Defendant was sentenced to one year of imprisonment and one month of imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on September 29, 2015.
[2016 Highest 31111] On December 18, 2015, the Defendant posted a false statement to the effect that, in a PC room where it is difficult to know the trade name in the docheon-dong at the port, the Defendant sent to the Internet NAVVER’s car page and sold a cell phone on the bulletin board, and then, the Defendant reported it to the victim D who contacted with it to the effect that “the sales proceeds from the cell phone is remitted to the accounts of selling the cell phone.”
However, even if the defendant did not own a mobile phone and received money from the victim, he did not have any intention or ability to sell the mobile phone.
Nevertheless, the Defendant, by deceiving the victim as such, received 230,000 won from the victim to the Agricultural Cooperative Account (Account Number: E) in the name of the Defendant as the sales proceeds of mobile phones from the victim.
In addition, from that time until July 12, 2016, the Defendant was released from this part of the indictment No. 7 in the annexed list of crimes and rendered a decision to dismiss the prosecution.
(4th trial date) The sum of 13,620,000 won was remitted from 29 victims, such as the other parts except the others.
[2016 Highest 3204] On April 27, 2016, the Defendant made a false statement to the victim I who reported and contacted, stating that “I will send an item if you transfer money” would send it, at the PC room where the trade name near the south-gu G market in F cannot be known.
However, the defendant was not in possession of the above game items, and even if he received money from the victim, he did not have an intention or ability to sell it.
Nevertheless, the defendant deceivings the victim and is on the same day from the victim.